Santhoshkumar v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.10.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.No.16248 of 2020 Santhosh Kumar ... Petitioner Vs.

State by:

The Inspector of Police, CSCID, Police Station, Krishnagiri, Krishnagiri District (Crime No.80 of 2020) ... Respondent Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioner on bail in Crime No.80 of 2020 pending on the file of the respondent.

For Petitioner : Mr.M.Jayachandran For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl.Side)

O R D E R

(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 23.09.2020 for the offence punishable under Sections 6(4) of Tamil Nadu Scheduled Commodities (RDCS) Order, 1982 r/w. Section 7(i) a (ii) of Essential Commodities Act, 1955 in Crime No.80 of 2020 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner was found to be illegally transporting 1050 kgs of PDS rice without any valid license or permit. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. However, on instruction, he would further submit that taking into consideration of the Covid pandemic situation, the petitioner without prejudice to her defence, is prepared to make considerable donation to any Charitable Organization or Association and the petitioner has been suffering incarceration from 23.09.2020. Hence, he prays for grant of bail.

4.The learned Additional Public Prosecutor would submit that the petitioner was in possession of 21 bags PDS rice each containing 50 kgs. in total 1050 kgs. without any valid license. He would further submit that the value of rice is Rs.29,505/- and there is no previous case against the petitioner. However, he vehemently opposed for the grant of bail to the petitioner.

5.In order to curb the illegal activities and taking into consideration the voluntary submission made by the petitioner offering to donate/pay considerable amount to any charitable organization or association, this Court is of the opinion that the petitioner shall be directed to make a payment / donation for a sum of Rs.10,000/- (Rupees Ten Thousand only), to The Commissioner of Municipality, Krishnagiri (for the purpose of serving food in the Amma Unavagam) and on such payment and production of proof, he shall be released on bail on further condition to execute a bond for a sum of Rs.10,000/- (Ten Thousand only) with two sureties, each for a likesum to the satisfaction of the the learned Judicial Magistrate-I, Krishnagiri, and on further conditions that;

(a) the petitioner shall report before the respondent police every day at 10.30 a.m., until further orders. (b) Merely, because the petitioner deposits the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently. (c) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (d) the petitioner shall not commit any offences of similar nature;

(e) the petitioner shall not abscond either during investigation or trial;

(f) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(g) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; (h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

6. With the above directions, this Criminal Original Petition is ordered.

-sd/- 13/10/2020 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.I, KRISHNAGIRI.

2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI [FOR INFORMATION] 3 THE JAILER SUB-JAIL, KRISHNAGIRI.

4 THE JAILER CENTRAL JAIL, SALEM.

5 THE INSPECTOR OF POLICE, CSCID POLICE STATION, KRISHNAGIRI DISTRICT.

6 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

7 THE COMMISSIONER OF MUNICIPALITY, KRISHNAGIRI (FOR THE PURPOSE OF SERVING FOOD IN THE AMMA UNAVAGAM) CC to M/S.M.JAYACHANDRAN Advocate on payment of necessary charges CRL OP.16248/2020 Date :13/10/2020 cs 14/10/2020